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Do I need to share evidence with my ex’s lawyer in a child custody case?

  • By: David Bliven

Q. I am involved in a child custody case against my child’s father. I have text messages where he has harassed me and made negative comments. His lawyer has sent papers requesting that I share any evidence I have. Given that I do not have a lawyer, do I need to provide his attorney with these text messages or should I bring them directly to court?

A: Text messages are a form of evidence which could potentially be entered into evidence at trial. I do not recommend merely “brining them to court.” Instead, I recommend communicating with opposing counsel stating you have no issue sharing such evidence – with the proviso it’s reciprocal. Further, I recommend to serve them via Notice to Admit. Finally, if the Father is represented & you are not, then I highly recommend asking the Court to assign you a lawyer, or hiring one. You’ll be at a severe disadvantage if you try to litigate such an important case on your own.

David Bliven: White Plains & Bronx Family Law Attorney

Serving primarily White Plains and the Bronx, we provide
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